Excerpt: ...cted with malice, fraud, or oppression. I. P la in t if f 's r e q u e s t s f o r ju d ic ia l n o t ic e Plaintiff's request for judicial notice of the IRS “Ministers' Compensation & Housing Allowance” web page is granted pursuant to Evid. Code § 452(c). Plaintiff's request for judicial notice of the transcript of John Bucher's interview on January 9, 2020 (mistakenly designated “January 9, 2022”) is denied. P la in t if f 's statement...

Excerpt: ...3. Judgment was entered that day. Plaintiff argues that he agreed to the stipulated judgment without having be en given correct information from the Defendant. Defendant's owner, Jorge Fernandez (“Fernandez”), disclosed that he had a $500,000 insurance policy with Mercury and stated that he did not know of any other in s u r a n c e p o lic y t h a t m ig h t p o t e n t ia lly c o v e r t h e incident in this case. However, Defendant actuall...

Excerpt: ...ges in the Petition that he owns a timber harvest site in Sonoma County that burned in the Walbridge Fire. (Memorandum of Points and Au t h o r it ie s [“M P A”], 3 :2-5.) Bareilles filed a notice of Emergency Timber O p e r a t io n s w it h t h e Ca lif o r n ia D e p a rtment of Forestry and Fire Protection (“CAL FIRE”) and got approved to harvest timber in accordance with the “Categorical Waiver” and water control plan of the regi...

Excerpt: ...t, and another and different judgment entered, for e it h e r o f t h e f o llo w in g c a u s e s , m a t e r ia lly a f f e c t in g t h e s u b s t a n t ia l r ig h t s o f t h e party and entitling the party to a different judgment: “1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and correc...

Excerpt: ...15 days of this order and to pay sanctions in the amount of $3,500 within 30 days of this order. 1. Form Interrogatory 17.1 and Requests for Admissions Plaintiff seeks to compel further responses to FROG No. 17.1 as to RFA Nos. 2 -5 , 9, 11 -12, 14, 17- 18, 26, 29-35, 46, 51, 53- 54, 62-65, 72, 74 -75, 77, 79 -81, 89 - 90, 94- 100, and 102 -104, and to Special Interrogatory Nos. 3, 6 -7, and 65. Th is m o t io n is b a s e d la r g e ly o n P la ...

Excerpt: ...idually and as Trustee of the 1998 Trust. The amendment would also add and delete various parag r a p h s , in c lu d in g a lle g a t io n s that Collision Center is an alter ego and successor in interest to defendant Auto Bo d y. The motion is GRANTED as to Fischers Collision Center, LLC and the new causes of action against it, and is DENIED as to Gertrude Reynaud and Simone Reynaud. Plaintiff seeks to include the landlord in this action due to...

Excerpt: ...rs and its customers' backpacks made it so that Razzak N a ji could not avoid the curb cut -out, which caused him to fall when he attempted to enter his legally parked vehicle in the parking lot of defendants' premises. The complaint alleges one cause of action for negligence and one cause o f a c t io n f o r p r e m is e s lia b ilit y . Plaintiff Razzak Naji passed away since the inception of this lawsuit. His widow, Maria Naji, is now the Pla...

Excerpt: ...already h a v e t it le and their common title is divided among them. Partition does not create or convey new or additional interests. However, it does result in the common interest becoming separate individual rights of exclusive possession of some portion of the property or sal es proceeds. Partition is a matter of absolute right and in the absence of waiver or estoppel or other equitable defenses, each co -tenant in ownership has the right to ...

Excerpt: ...terrogatory Number 87 is DENIED. The City's motion as to Special Interrogatory Numbers 88 and 89 are GRANTED. Sanctions are denied. The City's motion to compel further responses to its Request for Production of Documents, Set Two, Request Numbers 44 through 46, and 48 through 50 is DENIED. Sanctions are granted against the City in the amount of $1,000. 1. Sp e c ia l In t e r r o g a t o r ie s On May 9, 2023, Defendant served its Form Interrogat...

Excerpt: ...otion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The applicatio n to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the da...

Excerpt: ...of action. Th e m o t io n is GRAN TED . 1. Co m p la in t P la in t if f 's c o m p la in t a lle g e s it is t h e o w n e r o f r e a l p r o p e r t y lo c a t e d a t 2 3 2 5 0 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Property alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escr...

Excerpt: ...'s Medi -Ca l P r o v id e r Ag r e e m e n t (M P A), in c lu d in g amounts owed in accordance with applicable federal and California statutes and regulations, and rules and policies of DHCS governing the California Public Hospital Redesign and Incentives in Medi -Ca l (P RIM E) P r o g r a m . Th e m o t io n is GRAN TED . In this action, DHCS challenges Defendants' receipt of federal PRIME Program funds for Demonstration Mid -Year 14 (January...

Excerpt: ...class representative; appointing Matern Law Group, PC as Class Counsel; appointing Phoenix Class Ac t io n Ad m in is t r a t io n So lu t io n s a s t h e settlement administrator; directing Defendants to furnish certain information about proposed class members; and scheduling the final approval hearing. Th e hearing is CONTINUED to May 8, 2024, at 3:00 p.m., in Department 16, to allow Plaintiff to address the issues raised below. “A trial cou...

Excerpt: ...Plaintiff Jim Shelton (“Plaintiff”) on October 14, 2021, alleging unlawful detainer of property located at 935 C McConnell Avenue in Santa Rosa. On March 22, 2022, Long filed a demurrer to the complaint. The hearing on the demurrer was continued from April 5, 2022, to April 12, 2022, to a llo w P la in t if f 's t h e n -counsel to obtain a copy of the demurrer. However, on April 7 , 2 0 2 2 , P la in t if f f ile d a f ir s t a m e n d e d c...

Excerpt: ...n. Th e m o t io n is D EN IED . 1. Co m p la in t Plaintiff's complaint alleges it is the owner of real property located at 23250 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Prope rty alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escrow closed on March 31, 2021. On May 7, 2021, Arthu...

Excerpt: ...een subjected to. Plaintiff objected to these requests based upon CCP section 2017.220. CCP section 2017.220(a) provides: “In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff's sexual conduct with individuals other than the alleged perpetrator shall establish specific facts showing that there is good cause for t hat dis covery, and t...

Excerpt: ..., LLC (“CES LLC”) and the Oregon Corp. The cross- complaint alleges that CES LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell CES LLC certain scientific equipment. Shimadzu alleges that CES LLC has failed to pay all invoices. In addition, Shimadzu alleges that CES LLC transferred its personal property to the Oregon Corp., including the scientific equipment that is the subject of this case without receiving the reasonab...

Excerpt: ...lowing Smashmallow to conduct limited discovery to determine whether VADO has the minimum contacts with California necessary for this court to have jurisdiction over it. VADO opposes the motion arguing that Smashmallow's discovery is not limited to the issue of jurisdiction. Smashmallow served a Notice of Deposition of Defendant VADO Beheer B.V. by and through Person or Persons Most Knowledgeable Pursuant to CCP § 2025.230. (“Depo Notice”) (...

Excerpt: ... any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” Plaintiff argues that Defendant's motion to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appea...

Excerpt: ... Nathaniel Engquist is OVERRULED. The motion to strike is MOOT. 1. Note regarding combined motions The County has filed three motions as one. The County should note that it is the practice in this court for demurrers and motions to strike to be filed as separate motions. 2. Complaint This action involves property owned by the Howard Jay Engquist 2010 Revocable Trust. On March 24, 2010, Howard recorded a deed granting real property located at 250 ...

Excerpt: ...mnity. The 1XC incorporates the allegations of the complaint which allege that defendants PG&E, Mountain, and Moreno Consulting Group, Inc. (“Moreno”) in 2020 owned, possessed, supervised, operated, maintained, leased, occupied, and/or otherwise controlled a worksite in Santa Rosa near 6101 Cleland Road in Santa Rosa. (Complaint ¶10.) On October 12, 2020, while Plaintiff was at the property, Defendants' alleged negligence caused a tree to fa...

Excerpt: ...Dave Leuschner and James Leuschner. As for the subpoena served on the LLP, this court directs the LLP to submit responsive documents to Department 16's chambers within 15 days of this order for in camera review. On November 15, 2023, Defendants issued deposition subpoenas for business records to Dave Leuschner; James Leuschner; and Plaintiffs' attorneys, the law firm Perry, Johnson, Anderson, Miller, & Moskowitz, LLP. (O'Rourke decl., 94, Exhibit...

Excerpt: ....050, Defendant requests monetary sanctions in the amount of $2,700 and the amount of attorney fees and costs incurred to bring this motion. As Plaintiff has now provided a signed authorization to release the footage, the discovery issue is MOOT. Sanctions are granted in the amount of $1,435 for Cloverdale having to bring this motion. Plaintiff's complaint alleges that she was injured due to a dangerous condition of public property located near M...

Excerpt: ... costs be stricken. The motion is GRANTED as to expert fees and attorney fees. The motion is otherwise DENIED. 1. Lee is a prevailing party pursuant to CCP section 1032 A "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that def...

Excerpt: ...pports recovery for a stale mechanics lien claim under a nuisance cause of action. The demurrer based upon standing and the economic loss rule is OVERRULED. The demurrer to the second cause of action for nuisance is SUSTAINED. On September 18, 2023, Plaintiff filed his complaint against Defendants alleging that they failed to use a professional level of skill when they performed certain land surveying services. Plaintiff alleges that in depositio...